| 1 | 1 | | By: Jackson S.B. No. 711 |
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| 2 | 2 | | (Vo) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confidentiality of certain identifying information |
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| 8 | 8 | | regarding students of career schools or colleges and other |
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| 9 | 9 | | educational entities; providing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 132, Education Code, is |
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| 12 | 12 | | amended by adding Section 132.024 to read as follows: |
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| 13 | 13 | | Sec. 132.024. STUDENT INFORMATION; OFFENSE; PENALTY. |
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| 14 | 14 | | (a) In this section: |
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| 15 | 15 | | (1) "Student" means any prospective, current, or |
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| 16 | 16 | | former student of: |
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| 17 | 17 | | (A) a career school or college; or |
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| 18 | 18 | | (B) any other school, educational institution, |
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| 19 | 19 | | or business entity from which the commission receives, or regarding |
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| 20 | 20 | | which the commission reviews, information through its |
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| 21 | 21 | | administration or enforcement of this chapter. |
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| 22 | 22 | | (2) "Student information" means identifying |
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| 23 | 23 | | information in the commission's possession regarding a student. |
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| 24 | 24 | | The term includes: |
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| 25 | 25 | | (A) a student's name, address, telephone number, |
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| 26 | 26 | | social security number, e-mail address, or date of birth; |
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| 27 | 27 | | (B) any other identifying number or other |
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| 28 | 28 | | information that foreseeably could be combined with other publicly |
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| 29 | 29 | | available information to reveal identifying information regarding |
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| 30 | 30 | | the student; and |
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| 31 | 31 | | (C) a student's education records, as defined by |
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| 32 | 32 | | 34 C.F.R. Section 99.3. |
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| 33 | 33 | | (b) Student information is not public information for |
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| 34 | 34 | | purposes of Chapter 552, Government Code. |
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| 35 | 35 | | (c) Unless permitted by Subchapter F, Chapter 301, Labor |
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| 36 | 36 | | Code, or commission rule, a person commits an offense if the person |
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| 37 | 37 | | solicits, discloses, receives, or uses, or authorizes, permits, |
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| 38 | 38 | | participates in, or acquiesces in another person's use of, student |
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| 39 | 39 | | information. |
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| 40 | 40 | | (d) An offense under Subsection (c) is a Class A |
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| 41 | 41 | | misdemeanor. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2011. |
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